SB 215: Criminal Procedure – Expungement – Nolle Prosequi
Nolle pros’d charges are eligible for expungement after three (3) years, or sooner if the petitioner waives their right to sue the arresting agency. SB 215 would repeal the provision requiring individuals to waive their right to sue if they want to expunge a nolle pros’ charge immediately.
(NOTE: JOTF will support with amendments, requesting the inclusion of ‘acquittals and dismissals’ for immediate expungement.)
SB 328: Criminal Procedure – Partial Expungement (Unit Rule Repeal)
Maryland’s notorious “unit rule” states that if one charge within a unit is ineligible for expungement, then the case as a whole is ineligible for expungement. (A unit is defined as two or more charges, other than for a minor traffic violation, that arise from the same incident, transaction, or set of facts.) This means that acquittals and other favorable dispositions that are eligible for expungement become ineligible for expungement if a conviction is also contained within a unit. SB 328 would allow persons to petition the courts to request the ‘partial expungement’ of charges within a unit that, otherwise, would be ineligible forexpungement.
SB 712: Criminal Procedure – Nonviolent Felonies – Stet, Shielding, and Expungement
This bill seeks to expand both shielding and expungement access to nonviolent felonies. The record is eligible for shielding after three (3) years, and for expungement after an additional three (3) year waiting period. The legislation also provides for the court the ‘stet’ a nonviolent felony charge in order to avoid a conviction.
SB 741: Criminal Procedure – Expungement
SB 741 would allow for the expungement of “invalidated” warrants (warrants that were issued, but were revoked before being served on the person) and nonviolent misdemeanors after a ten (10) year waiting period. It would also prohibit an individual from filing an expungment petition before the completion of the probation. (NOTE: JOTF will support with amendments, requesting that the 10 year waiting period be reduced to five (5) years for expunging nonviolent misdemeanor convictions.)
SB 890 – Expungement – Misdemeanor Convictions
Currently, only nine (9) misdemeanor offenses (commonly called ‘public nuisance crimes’) are eligible for expungement (if convicted). SB 890 would expand expungement eligibility to nonviolent misdemeanor convictions, excluding certain offenses, after a ten (10) year waiting period.
(NOTE: JOTF will support with amendments, requesting that the waiting be reduced from 10 to 5 years, and to encourage the inclusion or exclusion of language in an effort to avoid further complication of the existing expungement process.)
We need you in Annapolis this Wednesdayat 12:30pm on February 24 for our hearing in the Senate Judicial Proceedings Committee. While it is important that the committee hear from as many interested persons as possible, it is more important that we pack the hearing room with supporters and the committee members folders with written testimony. Everyone who attends will be given the chance to stand and be recognized at the outset of the hearings.
